Explanatory note

These Regulations are made under section 5 of the Education and Skills Act 2008 (“the 2008 Act”).

Section 2 of the 2008 Act places a duty on persons over the compulsory school age to participate in education or training until the age of 18 (or until attaining a level 3 qualification if earlier). There are three ways in which a person might participate in education and training: appropriate full-time education, a contract of apprenticeship, or part-time education or training alongside full-time occupation. These Regulations concern the third of those ways of meeting the duty.

Section 5 of the 2008 Act sets out the meaning of full-time occupation. A person is in full-time occupation if he or she works for at least 20 hours per week under a contract of employment, or in any other way that is prescribed. These Regulations prescribe three alternative ways of working: self-employment, working otherwise than for reward (for example, voluntary work), or as the holder of an office. Persons who work in these ways for at least 20 hours per week will be in full-time occupation for the purposes of the 2008 Act.

An impact assessment has not been produced for this instrument as no impact on businesses, the public sector or civil society organisations is foreseen.